Commissioner of Police NSW Police Force v Meehan [2022] NSWSC 1592

Supreme Court New South Wales

Medium Neutral Citation: Commissioner of Police NSW Police Force v Meehan [2022] NSWSC 1592 Hearing dates: 21 November 2022 Date of orders: 21 November 2022 Decision date: 22 November 2022 Jurisdiction: Common Law Before: Schmidt AJ Decision: See paragraphs 48 and 49 Catchwords: CRIME — Serious crime prevention orders — Application — Consent orders made — where defendant is member of Comanchero Outlaw Motorcycle Gang — Crimes (Serious Crime Prevention Orders) Act 2016 (NSW), s 5 — Whether defendant has been involved in serious crime related activity for which he has not been convicted of serious criminal offence — Whether defendant participated in criminal group within meaning of Crimes Act 1900 (NSW), s 93T — Whether there is real or significant risk that the defendant will be involved in serious crime related activity — Alleged risk of reprisal attack — Whether there are reasonable grounds to believe order would protect public by preventing, restricting or disrupting involvement of defendant in in serious crime related activity — Order granted for term of 12 months Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Crimes Act 1900 (NSW), ss 93S, 93T Crimes (High Risk Offenders) Act 2006 (NSW) Crimes (Serious Crime Prevention Orders) Act 2016 (NSW), ss 3, 5, 6 Criminal Assets Recovery Act 1990 (NSW), s 6 Firearms Act 1996 (NSW), s 7 Cases Cited: Commissioner of Police NSWPF v Amoun [2020] NSWSC 1810 Commissioner of Police v Cole [2018] NSWSC 517 Commissioner of Police, NSW Police Force v Zahed [2021] NSWSC 1606 State of New South Wales v Paton [2020] NSWSC 1707 Vella v Commissioner of Police for New South Wales (2019) 269 CLR 219; [2019] HCA 38 Category: Principal judgment Parties: Allan Meehan (Plaintiff) Commissioner of Police, NSW Police Force (Defendant) Representation: Counsel: Ms J Davidson (Plaintiff) Mr A Djemal (Defendant)